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Ex jure, 2018
the article makes a critical analysis of the dominant in science concept and signs of legal fact. The author concludes that some of the signs traditionally invested by lawyers in the notion of a legal fact do not adequately describe the essence of this phenomenon.
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the article makes a critical analysis of the dominant in science concept and signs of legal fact. The author concludes that some of the signs traditionally invested by lawyers in the notion of a legal fact do not adequately describe the essence of this phenomenon.
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SSRN Electronic Journal, 2007
This paper was presented at the American Philosophical Association's 2007 Berger Prize session. It is a reply to Jeffrey Brand-Ballard's comment on my paper, How Facts Make Law, which was awarded the 2007 Berger Memorial Prize for the outstanding paper in philosophy of law published during 2004 and 2005.
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This paper was presented at the American Philosophical Association's 2007 Berger Prize session. It is a reply to Jeffrey Brand-Ballard's comment on my paper, How Facts Make Law, which was awarded the 2007 Berger Memorial Prize for the outstanding paper in philosophy of law published during 2004 and 2005.
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Facing Facts in Legal Interpretation
Representations, 1990As EVERY FIRST-YEAR LAW STUDENT soon learns, questions of law are very different from questions of fact. When one is asked, "What are the facts of this case?" it doesn't do to talk about strict liability, or consideration, or the rule against perpetuities. One needs to describe what happened in the world, what events are at issue in this lawsuit.
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Proceedings of the IX International Scientific Conference "Social Changes in the Global World" – Young researchers 2022, 2022
Shkurte Kadri, Tea Lalevska
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Shkurte Kadri, Tea Lalevska
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Legal Authority as a Social Fact
Law and Philosophy, 2000From a sociological point of view, theconceptual and logical relations between the norms oflegal order represent empirical and causal relationsbetween social actors. The claim that legal authorityis based on the validity of empowering norms means,sociologically, that the capability to enact andenforce legal norms is based on an empirical transferof ...
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The Concept of Fact in Legal Science
1990Neither fact nor law admits of an initial definition, though their interrelationships are exactly what these thoughts are about. We therefore have to start from a two-fold approximation. This applies both to the human life situations that are the object of legal norms, and to the way these norms are in fact produced.
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Law and Fact in Legal Development
The University of Toronto Law Journal, 1967L AWYERS inquire into the history of their rules and institutions to find out how things came to be as they are, and they generally assume that the facts behind each development are in themselves well known to historians. Historians search the legal sources for some trace of those same elusive facts, and their assumption is that the relevant law is ...
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Foundational Facts for Legal Responsibility
2020The project of restorative neurointerventions has the ambitious aim of restoring specific competencies to some baseline. This includes the restoration of capacities integral to practical reasoning, and thus to various form of legal responsibility, that are deficient in some way.
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Law and Philosophy, 1999
This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure ‘brute facts’ do not exist in law because of the socialisation of physical world and juridification of the ...
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This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure ‘brute facts’ do not exist in law because of the socialisation of physical world and juridification of the ...
openaire +1 more source